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(영문) 서울행정법원 2017.06.22 2016구합57847
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On September 5, 1966, B (her husband, C) entered and worked for the Hajindo Co., Ltd. (hereinafter “Hajindo”). On July 12, 1995, the Plaintiff was exposed to the Eulphal oxide, which is a chronic toxic substance, and was recognized as an occupational disease on July 12, 1995.

B was hospitalized at the Seoul National University Hospital, etc. as the instant approved injury and disease, and died on November 15, 2015, as “direct death, respiratory part, and waste collection of cause of direct death” around 10:15, 2015.

(B) The Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on January 7, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) in accordance with a medical opinion that “it is reasonable to deem that there is no work personality personality personality disease” and that there is no direct causal relationship with the hysium addiction and there is no special cause for the hysium. As the hysium, which is an infectious disease, is a disease with communicable disease, and there is no diagnosis record for the hysium addiction, and thus, there is no proximate causal relationship between the cause of death and the approved branch of the hysium.” Therefore, according to the medical opinion that “the hysium and funeral funeral expenses (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1, and the purport of the argument of the plaintiff as to the whole of the arguments is continuously and repeatedly disclosed to the Egrasium and they were affected by the Agrasium. Since the Agrasium of this case was a non-dynamic disease that could not be completely cured once, the deceased was suffering from the Agrasium of this case, the physical function and immunity of which are to be recovered due to the Agrasium of this case, and the treatment of waste was not properly performed due to various anti-biotics, and eventually caused the pulmonary convergence.

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